The purpose of this article is to delineate the scope and limitations of the exercise of
the right to conscientious objection in respect of participation in abortion procedures
under the <I>Choice on Termination of Pregnancy Act</I>. The Act is silent about the right
to conscientious objection. However, section 15 of the South African Constitution in
particular, implicitly accommodates conscientious objection to abortion. It is
submitted that whilst the <I>Choice on Termination of Pregnancy Act&lt;/I&gt; fails to provide the
principles for determining the limits of the right to conscientious objection, guidance
can be derived from section 36 of the Constitution. It is submitted that section 36
supports the limitation of the right to conscientious objection where maternal life or
health is in serious danger or there is a medical emergency. Furthermore, it is argued
that in the particular circumstances of South Africa, section 36 is also capable of
supporting the imposition of a duty to at least provide the pregnant woman with
information about where she might be able to obtain an abortion. It is noted that
determining the parties that are entitled to conscientious objection beyond health
care professionals that are immediately involved with abortion procedures can raise
difficult issues. However, section 36 of the Constitution is, once again, a useful tool
for resolving any difficulties in this regard.

<b>The status of fictions in a constitutional state : observations
concerning age limits and the child as perpetrator and victim in criminal law</b>
<br>In the first instance, the origin of age limits in determining criminal liability and also in
answering the question whether a child is a victim of a specific (sexual) crime is
investigated. Secondly, the development by our courts and legislature of these rules
concerning age limits in criminal law are scrutinised. Reference is made throughout
to the position in other legal systems. Thereupon, the necessity of age limits in this
regard is analysed and evaluated from a rational, constitutional and a general justice
point of view. Rigid and unchangeable age limits are pointed out as being fictitious
and are rejected as being in conflict with basic principles of rationality and
constitutionality as well as general principles of justice.

<b>The use of Afrikaans for the recording of court proceedings measured against democratic standards</b>
<br>Hitherto both Afrikaans and English have been serving as languages for the
recording of court proceedings in South African courts. Governmental spokespersons
as well as the Minister of Justice, however, hinted at the possibility of opting for a
monolingual English dispensation. This article analyses the cases for and against a
monolingual system. Instead of judging these arguments in terms of individual
sections of the Constitution, a different course is followed. Since the Constitution itself
purports to be imbedded in democratic values, such values are exceptionally relevant
as a yardstick also for policy regarding language(s) of record in South African courts.
The content of democratic values is examined and the arguments pertaining to the
matter in question are measured against these values. It is concluded that a
monolingual English system for the recording of court proceedings would be
incongruent with these democratic values.

South African society has recently been confronted by an escalation of baby- and
child-rape incidences which cry out for legal intervention. Research has shown that
an innovative, multidisciplinary approach is called for to protect babies and young
children as victims of violent crime in their quest for justice during investigation and
subsequent legal process. Reference is made to the obstacles in the existing legal
system confronting these victims, and the proposals of the S A Law Commission to
address these shortcomings. A warning is sounded that the mere amendment of the
law, extensive though it may be, will remain paper law without the means to implement
investigation teams and special courts, supported by the necessary expertise, to
investigate and adjudicate cases of this nature. To provide access in remote areas,
the institution of special courts operating on a regional basis as circuit courts ought
to be considered.

<b>The partnership : suitable partner for marriage or concubinate?</b>
<br>In this article the legal position of people in a concubinate relationship after the breakup
or dissolution of the relationship in the American, Dutch and South African law is
compared. Various attempts in the American law failed to solve the problems that
originate with the dissolution of marriages and concubinates or to establish a just and
equitable system. In the Netherlands attempts were made to solve problems with
living-together relationships, especially between members of the same sex. The
South African courts have solved these problems by application of the partnership
principles on these relationships through recognition of the universal partnership and
its use as a just and equitable remedy.

The <I>Prevention of Organised Crime Act&lt;/I&gt; 121 of 1998 [POCA] embodies a serious
attempt by the South African government to effectively police and curb organised
crime, money laundering and criminal gang activities in South Africa. The Act provides
<I>inter alia&lt;/I&gt; for a range of crippling fines and for orders such as confiscation and
forfeiture. Asset forfeiture and confiscation orders can affect the rights of third parties
directly and indirectly in a number of ways. Young persons and children can be
affected indirectly because asset forfeiture and confiscation orders may violate the
right to parental care of the dependent young persons and children of the person who
is subject to the order. This brief article will investigate aspects of the protection
afforded to the rights of children when such orders are made in terms of the
provisions of the <I>Prevention of Organised Crime Act</I>.

This paper highlights three aspects which have an impact on both customary and
common law that came to the fore in the &lt;I&gt;Thembisile&lt;/I&gt; case. An evaluation of the way
in which the court dealt with the different aspects is made. Regarding multiple
marriages, where a civil marriage is also involved, it is suggested that the courts
should be hesitant to simply declare either the civil or the customary marriage a nullity
and should consider the different options available first. Where a funeral is marred by
feuds about burial rights, it is suggested that a flexible approach should be followed.
Strict adherence to common law principles could lead to unreasonable and
inequitable results, especially in traditional communities. Lastly, there seems to be
conflict between the official customary law and the living law regarding the return of
the &lt;I&gt;lobolo&lt;/I&gt; at the dissolution of a customary marriage. Empirical research should be undertaken to determine whether &lt;I&gt;lobolo&lt;/I&gt; is in fact still returned.

<b>Class actions - the proposal of the South African Law Commission for the certification thereof</b>
<br>In this contribution the proposals of the South African Law Commission for the
certification of a class action are discussed. These proposals are the products of a
working paper and a report published in 1995 and 1998 respectively. In both these
documents the Commission proposed the promulgation of legislation to provide the
necessary framework to govern class actions. The proposals are discussed with
reference to the <I>Class Proceedings Act&lt;/I&gt; (Ontario) and the <I>Federal Rules of Civil
Procedure&lt;/I&gt; (United States of America).